Public Agency DEIR responses to VMT Orcem project in Vallejo.pdf

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San Francisco Bay Conservation and Development Commission
455 Golden Gate Avenue, Suite 10600, San Francisco, California 94102 tel 415 352 3600 fax 415 352 3606


~O'J -2 ims

November 2, 2015





City of Vallejo
Community and Economic Development Director
555 Santa Clara Street
Vallejo, California 94590

Andrea Ouse


Vallejo Marine Terminal/Orcem Cement Plant Project, Draft Environmental
Impact Report, SCH #2014052057, City of Vallejo, Solano County.

The San Francisco Bay Conservation and Development Commission {"Commission" or
"BCDC") staff has reviewed the draft Environmental Impact Report {EIR) provided for the
Valllejo Marine Terminal/Orem Cement Plant Project {project) located at 790 and 800 Derr
Avenue, in the City of Vallejo, along Mare Island Strait. The project includes two separate
projects, the Vallejo Marine Terminal LLC {VMT) project and the Orcem California, Inc. {Orcem)
project. The Commission staff reviews such documents on behalf of its Commission to assess,
among other things, the project's consistency with the McAteer-Petris Act, the Commission's
San Francisca Bay Plan, and the project's relationship to the Commission's jurisdiction. The
proposed project would require a BCDC permit for work in the Bay and Shoreline Band. The
Commission has not yet reviewed an application for this project. However, based on our review
of the draft EIR, BCDC staff believes that this project, as currently proposed, is inconsistent with
the requirements of the McAteer-Petris Act and the San Francisco Bay Plan, and that the staff
would have difficulty recommending approval of the application for this project before the
The Commission's permit jurisdiction includes all tidal areas of the Bay up to the mean high
tide line or to the inland edge of wetland vegetation in marshlands up to five feet above Mean
Sea Level; all areas formerly subject to tidal action that have been filled since September 17,
1965; and the shoreline band that extends 100 feet inland from and parallel to the Bay
jurisdiction. The Commission also has jurisdiction over managed wetlands adjacent to the Bay,
salt ponds, and certain waterways.
Commission permits are required for construction, dredging, dredged material disposal, fill
placement, and substantial changes in use within its jurisdiction. Permits are issued when the
Commission finds proposed activities to be consistent with its laws and policies. I
State of California I Edmund G. Brown, Jr. - Governor